Car accidents are almost always stressful experiences, but they can become especially so if you find out the at-fault driver wasn’t properly insured. Fortunately, Michigan law provides victims with several options for recovering compensation in these challenging circumstances. Learning about how uninsured motorist (UM) and underinsured motorist (UIM) claims work can help you protect your rights after a crash.
Here’s what you should know if you were injured in an accident with an uninsured or underinsured driver in Michigan. If you need help, contact a Troy car accident attorney today for a free consultation.
Michigan’s No-Fault Insurance System
Michigan follows a “no-fault” auto insurance system. This means that after an accident, you’ll usually first turn to your own personal injury protection (PIP) coverage to compensate you for your medical expenses and lost income. PIP benefits are available regardless of who caused the crash, so you can usually get help right away without waiting for an investigation or dispute about fault.
However, PIP coverage doesn’t always pay for everything. For example, it does not include non-economic damages such as pain and suffering. It also might not provide you with enough compensation to fully cover your lost wages and medical bills, depending on your chosen policy limits and the facts of your case.
A Troy car accident lawyer can help you understand your coverage limits and explore additional options for compensation.
Uninsured and Underinsured Motorist Coverage
If you have UM or UIM coverage as part of your own auto policy, this is often the best way to recover additional compensation.
- Uninsured motorist coverage (UM): Applies when the at-fault driver has no insurance or cannot be identified, such as in a hit-and-run accident
- Underinsured motorist coverage (UIM): Applies when the at-fault driver’s policy limits are too low to fully cover your damages
Both types of coverage are optional in Michigan, but they can be a good idea to carry to help protect yourself. These policies can pay for things like:
- Medical expenses and lost wages that exceed your PIP limits
- Pain and suffering
- Lost earning capacity
- Emotional distress
If you carry UM or UIM coverage, you’ll need to notify your insurer promptly after the crash and cooperate with their investigation. Missing a notice deadline could cause your claim to be denied, so it’s best to have a Troy car accident attorney review your policy right away.
Filing a Lawsuit for Serious Injuries
In some cases, you may be eligible to step outside Michigan’s no-fault system and file a lawsuit directly against the at-fault driver. To do so, your injuries must meet the state’s “serious impairment of body function” threshold, meaning they significantly impact your ability to lead a normal life.
Your car accident lawyer can evaluate whether your injuries meet this legal standard and advise you on the best course of action.
If the driver has no personal assets or financial means, collecting a judgment may be difficult. That’s why having UM/UIM coverage or pursuing every available insurance source is critical.
Schedule a Free Consultation With a Troy Car Accident Lawyer
Dealing with an uninsured or underinsured driver after a crash in Michigan can be immensely frustrating, but know that you may still be able to file a claim. The car accident attorneys at Khamo Law can guide you through the process and help you pursue every available avenue for compensation.
Contact our award-winning car accident lawyers in Troy today at (248) 466-0606 for a free consultation. We work on a contingency fee basis, meaning we only get paid attorney’s fees if we successfully handle your case.